Senate votes 99-1 to increase FCC's indecency fines
Senate votes 99-1 to increase FCC's indecency fines
June 23, 2004
WASHINGTON -- The Senate on Tuesday raised the stakes for broadcasters in the culture wars over indecency by voting to significantly hike the fines the FCC may levy against them for indecent or lewd content on the airwaves.
With only one dissenting vote by Sen. John Breaux, D-La., the Senate passed a rider attached to a Department of Defense authorization bill introduced by Sen. Sam Brownback, R-Kan.
The measure, approved 99-1, changes FCC regulations and increases fines from $27,500 per incident to $275,000, with a maximum fine of $3 million a day.
The measure comes as a delayed response to the partial exposure of Janet Jackson's breast at this year's Super Bowl half-time show, and other incidents, such as the sometimes outrageous comments on the air by shock jock Howard Stern.
The House of Representative has already passed a measure to raise fines to as much as $500,000 per incident as part of a move by Congress to increase penalties and try to deter stations from "pushing the envelope" to increase ratings with viewers who spend more time watching cable and satellite TV.
"We believe voluntary action is preferred over government regulations in this First Amendment area," said Dennis Wharton, a spokesman for the National Association of Broadcasters. "Most people would acknowledge that the content in network broadcast shows is far less explicit than what you see on cable and satellite TV."
But speaking on the Senate floor last week, Sen. Brownback said, "We have been waiting for years for broadcasters to voluntarily take care of this growing problem, and they have failed. Instead, they are fighting tooth and nail for the ability to air graphic material so that they can increase their profit margins. America deserves better."
Sen. Conrad Burns, R-Mont., offered an amendment to the Brownback rider that would allow the FCC to protect small affiliate stations from fines so high they could potentially be forced out of business. The amendment passed, as did another change by Sen. Richard Durban, D-Ill.
With only one dissenting vote by Sen. John Breaux, D-La., the Senate passed a rider attached to a Department of Defense authorization bill introduced by Sen. Sam Brownback, R-Kan.
The measure, approved 99-1, changes FCC regulations and increases fines from $27,500 per incident to $275,000, with a maximum fine of $3 million a day.
The measure comes as a delayed response to the partial exposure of Janet Jackson's breast at this year's Super Bowl half-time show, and other incidents, such as the sometimes outrageous comments on the air by shock jock Howard Stern.
The House of Representative has already passed a measure to raise fines to as much as $500,000 per incident as part of a move by Congress to increase penalties and try to deter stations from "pushing the envelope" to increase ratings with viewers who spend more time watching cable and satellite TV.
"We believe voluntary action is preferred over government regulations in this First Amendment area," said Dennis Wharton, a spokesman for the National Association of Broadcasters. "Most people would acknowledge that the content in network broadcast shows is far less explicit than what you see on cable and satellite TV."
But speaking on the Senate floor last week, Sen. Brownback said, "We have been waiting for years for broadcasters to voluntarily take care of this growing problem, and they have failed. Instead, they are fighting tooth and nail for the ability to air graphic material so that they can increase their profit margins. America deserves better."
Sen. Conrad Burns, R-Mont., offered an amendment to the Brownback rider that would allow the FCC to protect small affiliate stations from fines so high they could potentially be forced out of business. The amendment passed, as did another change by Sen. Richard Durban, D-Ill.
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